I am writing to you in response to your request for an internal review in relation to FOI request 10/0699. Your original FOI request, made on 23 April 2010, asked for:

“Minutes of meetings which took place in August 2009 between Lord Mandelson and David Geffen. I would also like to see all emails relating to the proposed digital economy bill from August 2009, September 2009 & October 2009 which were sent between Sion Simon, Lord Mandleson & Stephen Timms.”

Following searches of relevant electronic and paper records, I confirm what was said in Laura Williams’s email of 17th May to you, that we have found that the information you requested on both parts of your request is not held by this department, because there is no record of such a meeting taking place as Ministerial business. Nor has any information been withheld or subject to exemptions.

By way of explanation: “Holding” information means information held relating to the business of the Department that: • we have created, or • we have received from another body or person, or • held by another body on our behalf

As the Digital Economy Bill was run as a joint Bill between the Department for Business, Innovation and Skills and the Department for Culture, Media and Sport, searches also included any relevant information held or created on our behalf by the Department for Culture, Media and Sport.

BIS use an email system that auto-deletes email after 12 months. However, staff are asked to individually select and store emails which document evidence of government activity and decisions in the department’s electronic records and document management system, where they are treated as a record, and usually deleted at about 7 years.

There is no specific policy relating to taking note or minutes of meetings. However, I refer you to Guidance on the Management of Private Office Papers, published jointly by the Cabinet Office and The National Archives which can be found on the National Archives’ website at http://www.nationalarchives.gov.uk/documents/popapersguidance2009.pdf. In particular paragraphs 4 and 13 (ii) are relevant.

But having reasonably searched our records, we found first that there is no record of such a meeting you referred to as having taken place as Ministerial business. Therefore no minutes would be held by the Department(s) and I confirm that there are none. Second, we found that no such emails were sent using BIS’s Departmental email systems between the Ministers and within the constraints listed in your request.

Lastly we would not be able to refer you to another Department(s) as we are unaware of any records they keep regarding the subject of your request apart from the Department for Culture, Media and Sport, which we have been in contact with as mentioned above.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

The Department for Business, Innovation & Skills (BIS) is building a dynamic and competitive UK economy by creating the conditions for business success; promoting innovation, enterprise and science; and giving everyone the skills and opportunities to succeed. To achieve this we will foster world-class universities and promote an open global economy.

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